Matter of Lawtone-Bowles v Brown, 2024 NY Slip Op 02705 [227 AD3d 906]

May 15, 2024

Appellate Division, Second Department

[*1]

In the Matter of Nicole Lawtone-Bowles, Petitioner,

v

Craig Stephen Brown, Respondent.

Nicole Lawtone-Bowles, Highland Falls, NY, petitioner pro se.

Proceeding pursuant to CPLR article 78 in the nature of mandamus to compel the respondent, Craig Stephen Brown, a Judge of the County Court, Orange County, to grant the petitioner’s application for a pistol permit.

Adjudged that the petition is denied and the proceeding is dismissed on the merits, without costs or disbursements.

The extraordinary remedy of mandamus will lie only to compel the performance of a ministerial act and only when there exists a clear legal right to the relief sought ( see Matter of Legal Aid Socy. of Sullivan County v Scheinman , 53 NY2d 12, 16 [1981]). The petitioner has failed to demonstrate a clear legal right to the relief sought. Brathwaite Nelson, J.P., Miller, Dowling and Wan, JJ., concur..